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[IowaAPA] Non-conforming uses

M

michspohn

Guest
Here in Marshalltown we have a pretty standard non-conforming use section under our zoning ordinance. We currently have an issue that came up from a realtor that a house for sale cannot get financing due to changes in lending practices since the house is a non-conforming use. Should the house be destroyed beyond 50% value it cannot be rebuilt. Changing the % does not change the situation. The realtor is saying unless it can be rebuilt no matter what financing is not available. Realtor is now approaching Council to change code and say house can be rebuilt no matter what.

Wondering if anyone else is dealing with this issue or making changes to your non-conforming use codes to address the changing lending market?

Thoughts and comments appreciated!

Michelle Spohnheimer
City of Marshalltown
mspohnheimer (AT) ci (DOT) marshalltown.ia.us
641-754-5756
 
B

Burke, Bill

Guest
The principle behing non-conforming uses is to discourage their continuation.
The creation of non-conforming uses is a serious step, and IF their creation is justified, they they should not be rebuilt if substantially destroyed.

________________________________
From: IowaAPA (AT) yahoogroups (DOT) com [IowaAPA (AT) yahoogroups (DOT) com] On Behalf Of michspohn [mspohnheimer (AT) ci (DOT) marshalltown.ia.us]
Sent: Thursday, August 19, 2010 12:12 PM
To: IowaAPA (AT) yahoogroups (DOT) com
Subject: [IowaAPA] Non-conforming uses



Here in Marshalltown we have a pretty standard non-conforming use section under our zoning ordinance. We currently have an issue that came up from a realtor that a house for sale cannot get financing due to changes in lending practices since the house is a non-conforming use. Should the house be destroyed beyond 50% value it cannot be rebuilt. Changing the % does not change the situation. The realtor is saying unless it can be rebuilt no matter what financing is not available. Realtor is now approaching Council to change code and say house can be rebuilt no matter what.

Wondering if anyone else is dealing with this issue or making changes to your non-conforming use codes to address the changing lending market?

Thoughts and comments appreciated!

Michelle Spohnheimer
City of Marshalltown
mspohnheimer (AT) ci (DOT) marshalltown.ia.us<mailto:mspohnheimer%40ci.marshalltown.ia..us>
641-754-5756
 
S

Sam Perry

Guest
In Ames non-conforming uses are handled differently than non-conforming
structures. Non-conforming structures can be re-built if damaged less than
70% of assessed value. But the project must be complete within 18 months.

Non-conforming uses, on the other hand, have to be determined abandoned by
staff, before they are required to be terminated. The process involves a
lengthy correspondence trail, where the property owner has a chance to
re-establish the use within 90 days. And there is also an option to apply
to the Zoning Board to prove that staff's evidence of abandonment was
erroneous.

Its in Chapter 29, Article 3, Municpal Code.

I haven't heard of the phenomenon in Ames yet. Although, "can it be
re-built?" is always a popular question among appraisers. Perhaps
Michelle's situation in Marshalltown is because a local financer is
raising their standards, and maybe its not a typical "secondary mortgage"
company. If it is a new standard among large financers, then everyone
should be paying attention. Because I don't think the 18 month provision
is a very common one for municipal zoning.



--Sam

Sam Perry, Planner
City of Ames, IA, Dept of Planning & Housing
Direct: (515) 239-5447
Front Desk: (515) 239-5400
Fax: (515) 239-5404
Email: sperry (AT) city (DOT) ames.ia.us
Web: www.cityofames.org

515 Clark Ave.
P.O. Box 811
Ames, IA 50010




"Burke, Bill" <bburke (AT) davyinc (DOT) com>
Sent by: IowaAPA (AT) yahoogroups (DOT) com
08/19/2010 03:01 PM
Please respond to
IowaAPA (AT) yahoogroups (DOT) com


To
"IowaAPA (AT) yahoogroups (DOT) com" <IowaAPA (AT) yahoogroups (DOT) com>
cc

Subject
RE: [IowaAPA] Non-conforming uses







The principle behing non-conforming uses is to discourage their
continuation.
The creation of non-conforming uses is a serious step, and IF their
creation is justified, they they should not be rebuilt if substantially
destroyed.

From: IowaAPA (AT) yahoogroups (DOT) com [IowaAPA (AT) yahoogroups (DOT) com] On Behalf Of
michspohn [mspohnheimer (AT) ci (DOT) marshalltown.ia.us]
Sent: Thursday, August 19, 2010 12:12 PM
To: IowaAPA (AT) yahoogroups (DOT) com
Subject: [IowaAPA] Non-conforming uses


Here in Marshalltown we have a pretty standard non-conforming use section
under our zoning ordinance. We currently have an issue that came up from a
realtor that a house for sale cannot get financing due to changes in
lending practices since the house is a non-conforming use. Should the
house be destroyed beyond 50% value it cannot be rebuilt. Changing the %
does not change the situation. The realtor is saying unless it can be
rebuilt no matter what financing is not available. Realtor is now
approaching Council to change code and say house can be rebuilt no matter
what.

Wondering if anyone else is dealing with this issue or making changes to
your non-conforming use codes to address the changing lending market?

Thoughts and comments appreciated!

Michelle Spohnheimer
City of Marshalltown
mspohnheimer (AT) ci (DOT) marshalltown.ia.us
641-754-5756
 
M

Michelle Spohnheimer

Guest
Thanks for the info Sam. In this case the lender was Federal not sure if they were using FHA or what exactly but it was the secondary market that rejected it. We actually suggested trying a local lender that might keep the loan in-house.



Please note our new office address and office hours.

Michelle Spohnheimer
Housing & Community Development Director
City of Marshalltown
36 N. Center Street
Marshalltown, IA 50158
Ph. 641-754-5756
Fax. 641-754-5742
mspohnheimer (AT) ci (DOT) marshalltown.ia.us
Office Hours: 8:30 AM - 5:00 PM M-F



From: IowaAPA (AT) yahoogroups (DOT) com [mailto:IowaAPA (AT) yahoogroups (DOT) com] On Behalf Of Sam Perry
Sent: Thursday, August 19, 2010 3:23 PM
To: 'IowaAPA (AT) yahoogroups (DOT) com'
Subject: RE: [IowaAPA] Non-conforming uses




In Ames non-conforming uses are handled differently than non-conforming structures. Non-conforming structures can be re-built if damaged less than 70% of assessed value. But the project must be complete within 18 months.

Non-conforming uses, on the other hand, have to be determined abandoned by staff, before they are required to be terminated. The process involves a lengthy correspondence trail, where the property owner has a chance to re-establish the use within 90 days. And there is also an option to apply to the Zoning Board to prove that staff's evidence of abandonment was erroneous.

Its in Chapter 29, Article 3, Municpal Code.

I haven't heard of the phenomenon in Ames yet. Although, "can it be re-built?" is always a popular question among appraisers. Perhaps Michelle's situation in Marshalltown is because a local financer is raising their standards, and maybe its not a typical "secondary mortgage" company. If it is a new standard among large financers, then everyone should be paying attention. Because I don't think the 18 month provision is a very common one for municipal zoning.



--Sam


Sam Perry, Planner
City of Ames, IA, Dept of Planning & Housing
Direct: (515) 239-5447
Front Desk: (515) 239-5400
Fax: (515) 239-5404
Email: <mailto:sperry (AT) city (DOT) ames.ia.us>sperry (AT) city (DOT) ames.ia.us
Web: <http://www.cityofames.org/>www.cityofames.org

515 Clark Ave.
P.O. Box 811
Ames, IA 50010






"Burke, Bill" <bburke (AT) davyinc (DOT) com>
Sent by: IowaAPA (AT) yahoogroups (DOT) com08/19/2010 03:01 PMPlease respond to
IowaAPA (AT) yahoogroups (DOT) com


To
"IowaAPA (AT) yahoogroups (DOT) com" <IowaAPA (AT) yahoogroups (DOT) com>
cc

Subject
RE: [IowaAPA] Non-conforming uses







The principle behing non-conforming uses is to discourage their continuation.

The creation of non-conforming uses is a serious step, and IF their creation is justified, they they should not be rebuilt if substantially destroyed.



From: IowaAPA (AT) yahoogroups (DOT) com [IowaAPA (AT) yahoogroups (DOT) com] On Behalf Of michspohn [mspohnheimer (AT) ci (DOT) marshalltown.ia.us]
Sent: Thursday, August 19, 2010 12:12 PM
To: IowaAPA (AT) yahoogroups (DOT) com
Subject: [IowaAPA] Non-conforming uses

Here in Marshalltown we have a pretty standard non-conforming use section under our zoning ordinance. We currently have an issue that came up from a realtor that a house for sale cannot get financing due to changes in lending practices since the house is a non-conforming use. Should the house be destroyed beyond 50% value it cannot be rebuilt. Changing the % does not change the situation. The realtor is saying unless it can be rebuilt no matter what financing is not available. Realtor is now approaching Council to change code and say house can be rebuilt no matter what.

Wondering if anyone else is dealing with this issue or making changes to your non-conforming use codes to address the changing lending market?

Thoughts and comments appreciated!

Michelle Spohnheimer
City of Marshalltown
<mailto:mspohnheimer%40ci.marshalltown.ia.us>mspohnheimer (AT) ci (DOT) marshalltown.ia.us
641-754-5756







!DSPAM:4c6d92bc211801336712104!
 
T

Tricia Sandahl

Guest
RE: [BULK] [IowaAPA] Non-conforming uses

Michelle,

We had a similar situation here in Mason City about 6 months ago. We
actually ended up changing the zoning on the property to a residential
classification. The house included a barbershop home occupation. At
some point in the past, the property was zoned commercial. It is
adjacent to another property that is zoned and used for commercial
purposes but every other property around it was zoned and used for
residential purposes. In this case, it made sense, but in a different
situation, we probably would not have supported the rezoning.

Tricia

-----Original Message-----
From: IowaAPA (AT) yahoogroups (DOT) com [mailto:IowaAPA (AT) yahoogroups (DOT) com] On Behalf
Of michspohn
Sent: Thursday, August 19, 2010 12:13 PM
To: IowaAPA (AT) yahoogroups (DOT) com
Subject: [BULK] [IowaAPA] Non-conforming uses
Importance: Low

Here in Marshalltown we have a pretty standard non-conforming use
section under our zoning ordinance. We currently have an issue that
came up from a realtor that a house for sale cannot get financing due to
changes in lending practices since the house is a non-conforming use.
Should the house be destroyed beyond 50% value it cannot be rebuilt.
Changing the % does not change the situation. The realtor is saying
unless it can be rebuilt no matter what financing is not available.
Realtor is now approaching Council to change code and say house can be
rebuilt no matter what.

Wondering if anyone else is dealing with this issue or making changes to
your non-conforming use codes to address the changing lending market?

Thoughts and comments appreciated!

Michelle Spohnheimer
City of Marshalltown
mspohnheimer (AT) ci (DOT) marshalltown.ia.us
641-754-5756



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